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Re: austin01 post# 329847

Sunday, 08/21/2011 9:57:35 AM

Sunday, August 21, 2011 9:57:35 AM

Post# of 736058
"Clawback" refers to taking the money paid to the lawyers back to the estate (I think it is now up to $1B?). IMHO, I doubt this would happen as Rosen can rather easily say "Hey, I was just doing my best, and you did say F&R. It really is those nasty hedgies that messed it all up!" and he'll get a pass.

"Disgorgement" though, is a different matter. This is with the hedgies, if they are found to have been bad boys, they will then be punished. If Mary rules that IT was done, maybe up to $1B or so would flow into the estate. The civil courts would be different (the sky's the limit), and well, this whole BK blows up big time then.

It all comes down to: were the hedgies bad boys? The question of "would a regular investor have changed their investment decisions if they had known what the hedge funds had known?" is rather easily answered. I guess the real question is whether they broke any laws.
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